Sunil Ambwani, J. - (1.) Heard Sri Amar Nath Tripathi learned counsel for the petitioner and Sri Awanish Misra for respondent no, 3. Learned Standing Counsel appears for respondents 1,2 & 4. The notice were not issued to respondents 5 & 6.
(2.) The Municipal Inter College, Fatehgarh, Farrukhabad is recognized and aided Intermediate College. On the superannuation of Sri Jageshwar Prasad Saxena, the then Principal of the College on 30.6,1990 Sri Suresh Chandra Misra was appointed as officiating Principal. He was suspended in March, 1993, after which the petitioner was given the charge of officiating Principal with effect from 23.3.1993. Sri Suresh Chandra Misra was selected by the U.P. Secondary Education Services Selection Board and was appointed as the Principal of the College in 1996. He retired on 30.6.2003, on which date Sri Nathu Singh Somvanshi was appointed as Officiating Principal. The petitioner challenged his appointment in writ petition No. 33412 of 2003. By an interim order dated 11.7.2003 the attestation of the signature of Sri Nathu Singh was stayed and the petitioner was given charge of officiating Principal.
(3.) It is contended that the Chairman of Nagar Palika Parishad did not want the petitioner to serve as Officiating Principal Audit of the school accounts was carried out in the School by Sthaniya Nidhi Lekha Pariksha, Kanpur Region, Kanpuri of the financial year 2004. In the audit inspection, certain irregularities in preparation of the salary bills, calculations and release of excess money to the college, were detected. The audit party found that Sri Ambrish Chandra Saxena, the Accountant was preparing inflated salary bills to the extent of Rs. 3,000/- from July 2001 to December, 2001 of Rs. 11,000/-, from January 2002 to February, 2003 Rs. 12,000/- from March, 2003 to September, 2003 and thereafter Rs. 13, 000/- every month from October 2003 to April, 2004 arid that a total amount of Rs. 3,33,000/- was drawn in excess, and was transferred to the personal account of Sri Ambrish Chandra Saxena. A n port was submitted by the petitioner to the Accounts Officer in the office of District Inspector of Schools, Fatehgarh on 27-5.2004. Sri Ambrish Chandra Saxena respondent No. 6, was attached to the office of Nagar Palika Parishad. The petitioner by his letter dated 3.6.2004 informed the Chairman of Nagar Palika Parishad that the salary bills were prepared by Sri Ambrish Chandra Saxena and that he had played a fraud upon the petitioner in getting his signature on these bills and cheques, and that Sri Saxena has deposited the entire defaulted amount. Sri Saxena has not cooperated during the audit, and that the disciplinary proceedings have been initiated, for the irregularities committed by Sri Saxena.;